Mr. George L. Allen, Chairman

Board of Directors Texas Southern University Houston, Texas Opinion NO. C- 

### 385 Re: Authord.tyof Texas Southern University to enter into an agreement topurchase properDear Mr. Allen: ty in 1966.

You have requested our opinion on the following question: "Can theUniversity negotiate an agreementwith the owners of the property immediately; establish thepurchase price; and agree to enter into contract forpurchase of the saidproperty in February of 

### 1966,with thenecessary contingencies that such funds will be available and conditions of possession?" In Attorney General's OpinionNW-1213 

### (1961),it is stated: "Article 2643d authorizes Texas SouthernUniversity to construct and otherwise acquire and equip buildings and structureswhich the Board of Directors deems proper or suitable for the students and faculty of theUniversity. Section 3 of this statuteprovides that land owned by the State of Texas or by theUniversity may be used as building sites and grounds 'for such buildings constructed or acquired under this Act; provided that said Board is hereby authorized to acquire by gift, or by purchase out of funds derived from the sale of said bonds, the said building sites and grounds.' "Article 2909c authorizes the institutions of higher learning, including Texas SouthernUniversity, to construct, acquire, improve and equip buildings and other structuresand additions~toexisting buildings and'other structures 'andacquire land for said additions, buildings and other structures'if deemed appropriateby said governing body.'
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"It is our opinion that Senate'BillNo. 296 does not affect or limit thepowers granted by Articles 2643d ahd 2gOgc~. Hdwever, it is also our opinion that the.land which the University is authorized'toacquire under these statutes, like 'Senate~111 296, is limited to the sites and.grounds for the buildings and structures constructed or acquired under the provisions of such statutes respectively." Since.the Texas SouthernUniversityhas the authority to acquire land for additional campus space, the question presented concerns whether such a proposed agreement would violate the provisions of Section 49 of Article III of the Constitution of Texas. Section 49 of Article III of the Constitution of Texas provides: "No debt shallbe created by or on behalf

of the State, except . . .'I(l&captionnot' applicable). InAttorney General's Opinion C-134 (1963),it was held thatproposed contracts payable out of future revenues are invalid, citing Section 49 ofArticlesIII of the Constitution of v. Marrs, 114 Tex. 11, 

### 262S.W. j;

In view of the foregoing,you are advised that you are not authorized to obligate future revenues of Texas Southern University since such obligationwould create a debt in violation of Section 49 of Article III of the Constitutionof Texas. Since theproposed agreementwould attempt to obligate theUniversity to,,pay

forproperty out of future revenues, such proposed agreement is invalid.
SUMMARY

Section 49 ofArticle III of the Constitution of Texas prohibits the creation of a debt by the State, and any agr,eement attempting to obligate futurerevenues

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Mr. George L. Allen, page 3 (C-385)

of Texas SouthernUniversity. would be void.

Yours very truly,
WAGGONER CARR Attorney General

John Reeves JR:sj:cg:ms APPROVED: OPINION COMMITTEE W..:V. Geppert, Chairman Larry Craddock Al10 Crow jack Goodman .Malcolm L. Quick APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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